Title 17 — DEVELOPMENT CODE[[1]]

Footnotes:

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Editor's note— Ord. No. 1869, § 2, adopted February 20, 2013, repealed the former Chapters 17.03— 17.88, and enacted a new Title 17 as set out herein. The former Title 17 pertained to zoning. See the prior code table, ordinance list and the code comparative table for the title's history.

ARTICLE 1. - PURPOSE AND APPLICABILITY OF DEVELOPMENT CODE Chapter 17.01 - ENACTMENT AND APPLICABILITY OF DEVELOPMENT CODE

The purpose of the Lodi development code is to implement the policies of the general plan by classifying and regulating the uses of land and structures within the city of Lodi in a manner consistent with the general plan. To achieve this purpose, it is the intent of these regulations to:

A.

Provide standards for the orderly development of the city, and continue a stable pattern of land uses;

B.

Preserve the historical integrity and character of the city's neighborhoods and commercial areas;

C.

Encourage a pedestrian-friendly community by promoting a mix of land uses and pedestrian oriented design in residential and commercial areas; and

D.

Conserve and protect the natural resources of the city, including surrounding agricultural lands.

(Ord. No. 1869, § 2, 2-20-2013)

These regulations are enacted based on the authority vested in the city of Lodi by the state of California, including but not limited to: The State Constitution; the Planning and Zoning Law (Government Code

Section 65000 et seq.); the Subdivision Map Act (Government Code Section 66410 et seq.); and the California Health and Safety Code.

(Ord. No. 1869, § 2, 2-20-2013)

This development code, hereafter referred to as "this code," applies to all land uses, structures, subdivisions, and development within the city of Lodi, as follows:

A.

New land uses or structures, changes to land uses or structures. Compliance with the requirements of Chapter 17.12 (Development and Land Use Approval Requirements) or, where applicable, Chapter 17.68 (Nonconforming Uses, Structures, and Parcels), is necessary for any person or public agency to lawfully establish, construct, reconstruct, alter, or replace any use of land or structure.

B.

Issuance of Building Permits. The city may issue building or other construction permits only when:

1.

The proposed land use and/or structure satisfy the requirements of subsection A above, and all other applicable statutes, codes and regulations; and

2.

The director determines that the site was subdivided in compliance with Article 5 (Subdivisions).

C.

Subdivisions. Any subdivision of land proposed within the city after the effective date of this code shall be consistent with: the minimum lot size requirements of Article 2 (Land Use and Development Standards), and all other applicable requirements of this code, including the land use and development permit procedures as outlined in Article 4.

D.

Effect of Regulations on Existing Uses and Structures. An existing land use or structure is lawful only when it was legally established, and is operated and maintained, in compliance with all applicable provisions of this code, including Chapter 17.68 (Nonconforming Uses, Structures and Parcels).

Existing land uses or structures that were in violation of city zoning regulations applicable before the effective date of this code are in violation of these regulations, and shall continue to be in violation unless they comply with the current requirements.

E.

Effect of Regulations Changes on Projects in Progress. A land use permit application that has been accepted by the department as complete prior to the effective date of this code or any amendment shall be processed according to the requirements in effect when the application was accepted as complete.

F.

Minimum Requirements. The provisions of this code shall be minimum requirements for the promotion of the public health, safety, and general welfare. When this code provides for discretion on the part of a city official or body, that discretion may be exercised to impose more stringent requirements than set forth in this code as may be necessary to promote orderly land use development and the purposes of this code.

G.

Other Requirements May Apply. Nothing in this code eliminates the need for: obtaining any permit, approval, or entitlement required by the regulations of the county, or any regional, state, or federal agency.

H.

Conflicting Requirements. Any conflict between different requirements of this code, or between this code and other city regulations, shall be resolved in compliance with Section 17.02.020(D) (Conflicting Requirements).

I.

Severability. Invalidity or enforceability of one or more provisions of this code shall not affect other provisions of this code.

(Ord. No. 1869, § 2, 2-20-2013)

This development code shall be administered by the city council, planning commission, site plan and architectural review committee (SPARC), community development director, and the community development department in compliance with Chapter 17.66 (Administrative Responsibility).

(Ord. No. 1869, § 2, 2-20-2013)

Chapter 17.02 - INTERPRETATION OF CODE PROVISIONS

This chapter provides rules for resolving questions about the meaning or applicability of any part of this code. The provisions of this chapter are intended to ensure the consistent interpretation and application of the requirements of this code.

(Ord. No. 1869, § 2, 2-20-2013)

A.

Authority. The director shall have the responsibility and authority to interpret the meaning and applicability of all provisions and requirements of this code.

B.

Language.

1.

Abbreviated Titles and Phrases. For the purpose of brevity, the following phrases, personnel and document titles are shortened in this code. The city of Lodi is referred to as the "city." The city of Lodi zoning and subdivision code is referred to as "this code." The community development director is referred to as "director," the city council is referred to as the "council," the planning commission is referred to as the "commission." The community development department is referred to as the "department." "Buildings and structures" are referred to as "structures."

2.

Terminology. When used in this code, the words "shall," "will," "is to," and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended; and "may" is permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise. The words "include," "includes," and "including" mean "including but not limited to...

3.

Number of Days. Whenever a number of days is specified in this code, or in any permit, condition of approval, or notice issued or given as provided in this code, the number of days shall be construed as calendar days, unless business days are specified. Time limits will extend to the following business day where the last of the specified number of days falls on a day that the city is not open for business, except as otherwise provided for by the Map Act.

4.

State Law Requirements. Where this code references applicable provisions of state law (e.g., the California Government Code, Subdivision Map Act, Public Resources Code, etc.), the reference shall be construed to be to the applicable state law provisions as they may be amended from time to time.

C.

Calculations—Rounding. Where any provisions of this code require calculations to determine applicable requirements, any fractional/decimal results of the calculations shall be rounded as provided by this subsection.

1.

Residential Density, Minimum Lot Area and Number of Lots. The fractional/decimal results of calculations of the number of dwelling units allowed on a parcel based on maximum density requirements, and the number

of parcels allowed through subdivision based on a minimum lot area requirement, shall be rounded down to the next lowest whole number.

2.

All Other Calculations. For all calculations other than those described in subsection (C)(1) above, the fractional/decimal results of calculations shall be rounded to the next highest whole number when the fraction/decimal is 0.5 or more, and to the next lowest whole number when the fraction is less than 0.5.

D.

Conflicting Requirements. Any conflicts between different requirements of this code, or between this code and other regulations, shall be resolved as follows:

1.

Zoning and Subdivision Ordinance Provisions. In the event of any conflict between the provisions of this code, the most restrictive requirement shall control, except in case of any conflict between the zoning district regulations of Article 2 (Land Use and Development Standards) and the provisions of Article 3 (Site Planning and General Development Standards), the provisions of Article 3 shall control.

2.

Development Agreements, Specific Plans, Planned Developments. In the event of any conflict between the requirements of this code and standards adopted as part of any development agreement, specific plan, or planned development approval, the requirements of the development agreement or specific plan shall control.

3.

Municipal Code Provisions. In the event of any conflict between requirements of this code and other regulations of the city, the community development director shall determine which provision shall control.

4.

Private Agreements. It is not intended that the requirements of this code shall interfere with, repeal, abrogate or annul any easement, covenant, or other agreement that existed when this zoning code became effective. This code applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land than an applicable private agreement or restriction, without affecting the applicability of any agreement or restriction. The city shall not enforce any private covenant or agreement unless it is a party to the covenant or agreement.

E.

Zoning Map Boundaries. See Chapter 17.10 (Zoning Districts and Map).

F.

Allowable Uses of Land. See Section 17.12.030 (Allowable Land Uses and Permit Requirements).

(Ord. No. 1869, § 2, 2-20-2013)

Whenever the community development director determines that the meaning or applicability of any of the requirements of this code are subject to interpretation generally, or as applied to a specific case, the director may issue an official interpretation or refer the question to the planning commission for determination.

A.

Request for Interpretation. The request for an interpretation or determination shall be filed with the department and shall include specific provisions in question, and any other information necessary to assist the Department in their review.

B.

Appeals. Any interpretation of this code by the director or commission may be appealed in compliance with Chapter 17.70 (Appeals).

(Ord. No. 1869, § 2, 2-20-2013)

ARTICLE 2. - ZONING DISTRICTS LAND USE AND DEVELOPMENT STANDARDS Chapter 17.10 - ZONING DISTRICTS AND MAP

17.10.010 - Purpose of chapter.

This chapter establishes the zoning districts applied to property within the city, determines how the zoning districts are applied on the zoning map, and establishes general permit requirements for development and new land uses.

(Ord. No. 1869, § 2, 2-20-2013)

17.10.020 - Zoning districts established.

The city of Lodi shall be divided into zoning districts which implement the Lodi general plan. The zoning districts shown in Table 2-1 are hereby established, and shall be shown on the official zoning map.

(Ord. No. 1869, § 2, 2-20-2013)

The council hereby adopts the city of Lodi zoning map (hereafter referred to as the "zoning map"), which is on file with the department. The zoning map is hereby incorporated into this development code by reference as though it were fully included here. The boundaries of the zoning districts established by Section 17.10.020 (Zoning Districts Established) shall be shown upon the zoning map.

(Ord. No. 1869, § 2, 2-20-2013; Ord. No. 2016, § 2, 8-2-2023; Ord. No. 2019, § 2, 11-15-2023; Ord. No. 2021, § 1, 1-3-2024; Ord. No. 2025, § 1, 6-5-2024)

Where uncertainty exists as to the boundaries of any district on the district map, the following rules shall govern:

A.

Where such boundaries are indicated as approximately following street or alley lines, such lines shall be construed to be such boundaries.

B.

In the case of unsubdivided property and where a district boundary divides a parcel of property in one ownership, the locations of such boundaries shall be determined from the scale appearing on the map.

C.

Where a public street or alley is officially vacated, the regulations of abutting properties shall apply to such vacated street or alley after being added to such properties.

D.

In case of further uncertainty, the director shall determine the location of such boundaries.

TABLE 2-1 ZONING DISTRICTS

(Ord. No. 1869, § 2, 2-20-2013)

Chapter 17.12 - DEVELOPMENT AND LAND USE APPROVAL REQUIREMENTS

This chapter provides general requirements for the approval of proposed development and new land uses in the city. The land use permit requirements established by this development code for specific land uses are in Chapters 17.14 through 17.28, and in Article 3.

(Ord. No. 1869, § 2, 2-20-2013)

17.12.020 - General requirements for development and new land uses.

All uses of land and/or structures shall be established, constructed, reconstructed, altered, or replaced, in compliance with the following requirements:

A.

Allowable Use. The use of land shall be identified by Chapters 17.18 (Residential Zoning Districts), 17.20 (Commercial Zoning Districts), 17.22 (Mixed Use Zoning Districts), 17.24 (Industrial Zoning Districts), 17.26 (Special Purpose Zoning Districts), or 17.28 (Overlay Zoning Districts) as being allowable in the zoning districts applied to the site. The director may determine whether a particular land use is allowable, in compliance with Section 17.12.030.

B.

Permit/Approval Requirements. Any land use permit or other approval required by Section 17.12.030 (Allowable Land Uses and Permit Requirements) shall be obtained before the proposed use is constructed, otherwise established or put into operation, unless the proposed use is listed in Section 17.12.040 (Exemptions from Land Use Permit Requirements).

C.

Development Standards. The use of land and/or structure shall comply with all applicable requirements of this development code, including the zoning district standards of this article, and the provisions of Article 3 (Site Planning and General Development Standards).

D.

Conditions of Approval. The use of land and/or structure shall comply with any applicable conditions imposed by any previously granted land use permit or other approval.

E.

Legal Parcel. The use of land and/or structures shall only be established on a parcel of land which has been legally created in compliance with the Subdivision Map Act and Article 5 (Subdivisions), as applicable at the time the parcel was created.

F.

Development Agreements. The use and/or structures shall comply with any applicable development agreement approved by the city in compliance with Chapter 17.44 (Development Agreements).

(Ord. No. 1869, § 2, 2-20-2013)

17.12.030 - Allowable land uses and permit requirements.

The uses of land allowed by this development code in each zoning district are identified in Chapters 17.18, 17.20, 17.22, 17.24, 17.26, and 17.28 together with the type of land use permit required for each use.

A.

Permit Requirements. Tables 2-4, 2-6, 2-8, 2-10, and 2-12 provide for land uses that are:

1.

Allowed uses subject to compliance with all applicable provisions of this development code, subject to first obtaining a building permit or other permit required by the municipal code. These are shown as "A" uses in the tables; and

2.

Allowed subject to the approval of a use permit (Section 17.40.040), and shown as "UP" uses in the tables.

3.

Allowed subject to the approval of a minor use permit, and as shown as "MUP" uses in the tables.

4.

Not allowed in particular zones and shown as "—" uses in the tables.

Note: Design review may also be required for certain uses and types of development. Design review requirements are established by Section 17.40.020.

B.

Multiple Uses on a Single Site. Where a proposed project includes multiple land uses, and Tables 2-4, 2-6, 2-8, 2-10, and 2-12 require different land use permits for some of the uses, each use shall be authorized through the approval of the permit required for the specific use.

C.

Uses Not Listed. Land uses that are not listed in Tables 2-4, 2-6, 2-8, 2-10 or 2-12, or are not shown in a particular zoning district are not allowed, except as otherwise provided by Section 17.02.020 (Rules of Interpretation), or Section 17.12.040 (Exemptions from Land Use Permit Requirements).

(Ord. No. 1869, § 2, 2-20-2013)

The land use permit requirements of this development code do not apply to the activities, uses of land and/or structures identified by this section. However, nothing in this section shall eliminate the requirements of the municipal code for obtaining grading, building, and/or other construction permits prior to starting any work.

A.

Governmental Facilities. Facilities of the city; the Lodi unified school district (LUSD); and facilities of the county, state, or the federal government on land owned or leased by a governmental agency, for governmental operations, to the extent that exemption is required by state or federal law.

B.

Interior Remodeling. Interior alterations that do not increase the number of rooms or the gross floor area within the structure, or change the approved use of the structure.

C.

Reconstruction of Destroyed Uses and Structures. A use of land and/or structure destroyed by fire or natural disaster may be re-established as it existed, provided that:

1.

It was legally established and in compliance with this development code before destruction; and

2.

Reconstruction occurs in compliance with all applicable building, electrical, mechanical, and plumbing code requirements.

See Section 17.68.020 regarding repairs to nonconforming structures.

D.

Repairs and Maintenance. Ordinary repairs and maintenance, if:

1.

The work does not result in any change in the approved land use of the site or structure, addition to, or enlargement/expansion of the land use and/or structure; and

2.

The exterior repairs employ the same materials and design as the original construction.

(Ord. No. 1869, § 2, 2-20-2013)

Where a site is divided by one or more zoning district boundaries, the site shall be developed in compliance with the requirements of each district, as applicable. For example, if a site is zoned both commercial and residential, the portion of the site zoned commercial shall be developed in compliance with the commercial zoning regulations, and the portion zoned residential shall be developed in compliance with the requirements of the applicable residential district.

(Ord. No. 1869, § 2, 2-20-2013)

17.12.060 - Temporary uses.

Requirements for establishing a temporary use (e.g., construction yards, seasonal sales lots, special events, temporary office trailers, etc.) are in Section 17.40.030 (Temporary Use Permits).

(Ord. No. 1869, § 2, 2-20-2013)

An allowed land use that has been granted a land use permit, or is exempt from a land use approval, may still be required to obtain city permits or approvals before the use is constructed, or otherwise established and put into operation. Nothing in this division shall eliminate the need to obtain any permits or approvals required by:

A.

Other municipal code provisions, including: building, grading or other construction permits or a business license if required by municipal code; or

B.

Any applicable county, or any regional, state or federal agency regulations. All necessary permits shall be obtained before starting work or establishing new uses.

(Ord. No. 1869, § 2, 2-20-2013)